Walton v. Maguire

17 Cal. 92

Opinion

Cope, J. delivered the opinion of the Court

Baldwin, J. concurring.

The question in this case relates to the propriety of an order refusing a new trial, and the ground chiefly relied upon for a reversal is the insufficiency of the evidence to justify the decision. In making the order, the Court acted in the exercise of a sound legal discretion, and upon the evidence embodied in the record we cannot undertake to say that this discretion ivas abused. Our interference, under the circumstances, would be a departure from the rule upon which we have always acted in such cases.

There is nothing in the other point made; and the judgment is therefore affirmed.